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HomeMy WebLinkAbout732FORM 132 .r and ORDINANCE NO. ") V__, AN ORDINANCE PROVIDING FOR STREET LIGHTING IN THE CITY OF __— Batesville AUTHORIZING AN AGREEMENT OF THE CITY OF Batesville WITH ARKANSAS POWER & LIGHT COMPANY FOR SAID COMPANY 'TO PROVIDE STREET LIGHTING SERVICE TO CITY; TO AUTHORIZE PAYMENT FOR SUCH SERVICE; AND FOR OTHER PURPOSES. WHEREAS, the Arkansas Power & Light Company owns and operates electric distribution facilities within the City; WHEREAS, the Arkansas Power & Light Company is willing to install, expand and/or improve the street light- ing system within the area it may legally serve as may be directed by the City, if the City will execute a contract for such service; and WHEREAS, it is advisable for the City to enter into a contract for street lighting with the Arkansas Power & Light Company; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ___.. Batesville Section 1. That the Mayor and City Clerk be, and they are hereby authorized, empowered and directed to make and enter into a contract for and on behalf of the City of Ratesyille _ with the Arkansas Power & Light Company, which contract shall be substantially as follows: AGREEMENT FOR STREET LIGHTING SERVICE THIS AGREEMENT, made this —__ A-`- day of �� ___-`"� ,�N �L � %- 19__"'__, between the City of _ Batesville , Arkansas, hereinafter called "City," and Arkansas Power & Light Company, an Arkansas corporation, hereinafter called "Company," W IT N ESS ETH: WHEREAS, Company now owns and operates an electric distribution system within City, and the City, in order that the street lighting facilities may be modern and adequate, desires that the Company make certain changes in these facilities, and the Company is agreeable to making the changes the City desires by installing street lighting facilities and/or the improvement of certain existing street lighting facilities; NOW, THEREFORE, it is agreed and understood between the City and the Company as follows: 1. In consideration of the Company making facilities available for street lighting purposes and/or the improve- ment of certain existing street lighting facilities and the benefits accruing to the parties hereto, the City agrees to purchase all street lighting service required by it from the Company in the areas where Company may legally serve, and the Company agrees to supply and sell to the City, and City agrees to pay for, all such service under Com- pany's applicable Rate Schedules and Service Regulations as now on file with the Arkansas Public Service Com- mission or as provided in said Schedules and Regulations as they may be lawfully amended, altered or superseded in the future, with the approval of the Arkansas Public Service Commission or any other regulatory agency having jurisdiction. (1) FORM 132 2. Company will at its expense make the following removals from its present street lighting facilities serving the City of Batesville 136 92 -Watt Street Lights 3. Company will at its expense make the following additions to its street lighting facilities serving the City of Ratesvi 1e 157 100 -Watt Mercury Vapor Luminaires 5 175 -Watt Mercury Vapor Luminaires 3 Ornamental Poles of 30' or Less Mounting Height 4. After completion of the hereinabove described removals and additions, the Company's street lighting fa- cilities serving the City of Batesville will consist of: 205 92 -Watt Street Lights 157 100 -Watt Mercury Vapor Luminaires 223 175 -Watt Mercury Vapor Luminaires 39 Ornamental Poles of 30' or Less Mounting Height 5. In order to provide for further improvements to the street lighting in the future serving the City of Batesville , Company agrees to make additions or changes in its street lighting facilities when requested in writing by the Mayor, upon authorization of the City Council, provided, in Company's judgment, such changes do not constitute a major revision of the street lighting facilities. Such additional street lights or changes in existing street lights will be made at Company's expense and electric service for such lights will be supplied by the Company and will be paid for by the City in accordance with the provisions of the applicable Rate Schedule, and under the terms and conditions of this agreement. 6. In addition to supplying street lighting service from Company owned street lighting facilities, Company agrees to supply and sell to the City street lighting service from non Company owned street lighting facilities and the City agrees to purchase and pay for such service in accordance with the provisions of the applicable Rate Schedule, and the terms and conditions of this agreement. (2) FORM 132 01 Non Company owned street lighting facilities consist of: None 7. This constitutes the entire agreement between the parties hereto with reference to the subject matter hereof and supersedes all previous understandings and agreements, written or oral, pertaining to the same sub- ject matter. 8. The term of the agreement shall be from. C19LL to and shall be automatically extended for successive periods f five years each until terming by written notice given by one party to the other not more than six months, nor less than three months, prior to the expiration of the original term or any extension thereof. IN. -WITNESS WHEREOF, tied parties have caused this agreement to be executed this �y day of ATTEST: City Clerk ATTEST: Assistant Secretary CITY OF Batesv'lle By Mayor ARKANSAS POWER & LIGHT COMPANY By Vice President ARKANSAS Section 2. It is found and is hereby declared that modern and adequate street lighting is necessary for the preservation of the public health, peace, welfare and safety of the inhabitants of the City, and the City's present system is inadequate and in need of improvement and expansion, and the making of the abovementioned contract will re- lieve an emergency now existing. Therefore, an emergency is declared to exist, and this ordinance, being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force from and after its passage. PASSED this '� 'day of µ �= 19 APPROVED: ATTEST: Mayor City Clerk J (3)